What is an Order for Protection?

An Order for Protection (OFP) is a court order, which provides protection from abuse.  It orders the abuser not to commit domestic abuse.  An OFP can:

1. Remove the abuser from the home that you share
2. Order the abuser to not have contact with you or your children
3. Set up or restrict visitation with your children
4. Establish temporary custody
5. Provide child support and spousal maintenance
6. Decide the use of property
7. Order treatment for the abuser or participation in the Intervention Program for Men, a chemical dependency program or a psychological evaluation.
8. Order police accompaniment if you want to get possessions out of the home.
9. Order other relief, if necessary, for the protection of you and your children.

You must appear in court to obtain an OFP, and you must prove that domestic abuse has occurred.  It will be very helpful if you bring documentation of abuse, any witnesses you have and a plan for visitation if children are involved.  Advocates’ office can help you gather these important pieces of information.  

There is no fee for filing an Order for Protection, and it is the fastest legal assistance available to battered women.  Any violation of the OFP is a criminal offense.  

How is a restraining order different from an OFP?  

A restraining order is used to protect you from individuals who are not close to you, but may be harassing you.  There is a fee for obtaining a restraining order based on family income.  As domestic occurs between people in intimate relationships, a restraining order is not usually the best option for battered women.

Where can I file an Order for Protection?

Forms are available from the clerk of court in any county or from the Advocates’ office.  Our advocates are available to assist you in filling out the required paperwork and accompanying you through the process.

How long does it take to get an OFP?

You should allow a few hours to fill out the forms and take them to court.  If the judge signs the forms, you will receive a temporary “Ex Parte Order” and a court date for a hearing.  A hearing will be scheduled no more than 7 days from the time you submit your paperwork.  The Sheriff’s Department then has up to 14 days to serve the temporary order, however most orders are served within 48 hours.  The order is not effective until it is served.  You must attend the hearing in order to obtain an OFP.

Sometimes mediation is suggested at the time of your hearing.  Mediation is NOT a good option for most battered women.  You are NOT required by law to attend mediation if you have been in an abusive relationship.

What must the petition contain?

You must describe in detail the acts of domestic abuse.  Then you must sign an affidavit under oath with a notary present.  This can be done at the courthouse.

Do I need an attorney?

An attorney is not necessary to obtain an OFP.  You have the right to have an advocate or other support person with you at the hearing, and we encourage you to contact Advocates for Family Peace to establish a relationship with one of our court advocates.

How long is an OFP in effect?

The judge will set a fixed time period, up to two years.

What happens if the OFP is violated?

If law enforcement is notified of the violation immediately and the officer deems that a violation has occurred, the abuser will be arrested.  The abuser can be jailed for three days for the first offense, ten days for a second offense and jail time increases thereafter.  There also may be fines imposed for violations.  It is important that you also contact your advocate if a violation occurs.  Keep good records of the violation(s), including date, time and witnesses to the incident.  

Who may file for an Order for Protection?

Minor, age 16 or 17 years, may file against:

     All other minors must have a parent, guardian or adult over age 24 years file on their behalf.

How is domestic abuse defined?

What can you ask for in an OFP?

Orders are typically issued for two years.

Process of applying for an OFP: